Declaration of Interests FAQs – Heads of Statutory Bodies For further information, please read the relevant Policy and Directive No 3/10 on Declaration of Interests on the PSC website at www.psc.qld.gov.au. Section 72C of the Integrity Act 2009 is also relevant for those statutory office holders listed in schedule 1 of that Act. 1. Why do I have to provide a Declaration of Interests? The requirement for heads of statutory bodies to provide annual Declarations of Interests is an important part of the integrity and accountability framework for Government. It assists to meet community expectations of open and ethical decision making by Government representatives. 2. Who else is required to submit a Declaration of Interests? Departmental Directors-General, statutory office holders and senior executives and equivalents are also required to submit an annual Declaration of Interests. See relevant fact sheets for specific information. Please note that other statutory office holders in your agency are to submit their Declarations of Interests to you as the head of the statutory body. 3. What level of detail should I declare? As the head of a statutory body, your level of accountability and scrutiny is higher than that for other statutory office holders and senior executives and equivalents. You are responsible for fully disclosing all your interests and the relevant interests of your partner and/or dependents including: - name of the organisation; and - a brief summary of the principal business activities and/or the nature of the organisation; or - type and suburb of real estate holding/s. 4. Why do I also have to declare my partner’s and my dependent/s’ interests? Because of your key position in the Queensland public sector the expectation of openness and transparency extends to your partner and/or dependents. However, you need disclose only those interests held by your partner and/or dependents that have a bearing, or may be perceived to have a bearing on you doing your job properly and impartially. You are not required to disclose specific details about those interests. 5. What ‘interests’ should I declare? Interests comprise direct or indirect personal interests, whether pecuniary or non-pecuniary and include: (a) Shareholdings in public and private companies (b) Family and business trusts and nominee companies (c) Bonds, debentures and like investments involving placement of money for a specified period which attracts interest -1- (d) (e) (f) (g) (h) (i) (j) (k) (l) Savings and investment accounts with banks, building societies and like organisations Partnerships Real estate including private residential property Directorships on boards or employment by a public or private company Other substantial sources of income from employment (except as an employee of the Crown), business undertakings or investments Other interests that may result in, or be seen to result in, a conflict of interest, including indirect pecuniary interests and contingent pecuniary interests. Other relevant assets Liabilities including mortgages, hire purchase arrangements, personal loans and overdrafts in your name, and/or your partner’s and/or your dependent/s’. Memberships 6. Are there any interests exempt from being disclosed? You are not required to declare the following: income as an employee of the Crown ordinary non-interest bearing cheque accounts credit card accounts credit accounts held with department stores personal use motor vehicles collections (e.g. stamp collections) household and personal effects where you, your partner and/or your dependent/s are not beneficiaries of a deceased estate, share-holdings, real estate and beneficial interests and trustee responsibilities as executor or trustee of the estate memberships of industrial organisations and/or political parties 7. When and where do I have to submit my annual Declarations of Interests? When you are appointed you are required to submit a Declaration of Interests within one month to the: relevant departmental Minister and/or Parliamentary Committee; and Queensland Integrity Commissioner, along with a statement that the declaration has been provided to the relevant departmental Minister and/or Parliamentary Committee. 8. What if my interests don’t change from year to year? In proceeding years, if there is no change to your interests and the potential for a conflict of interest is unaltered you should submit a “No Variation” form to the: relevant departmental Minister and/or Parliamentary Committee; and Queensland Integrity Commissioner along with a statement that this declaration has been provided to the relevant departmental Minister and/or Parliamentary Committee. -2- 9. What if my interests, and the relevant interests of my partner and/or dependent/s change after I have completed my annual Declaration of Interests statement? If your interests change at any time during the year, you must submit a “Variation to Interests” form to the: relevant departmental Minister and/or Parliamentary Committee; and Queensland Integrity Commissioner, along with a statement that the declaration has been provided to the relevant departmental Minister and/or Parliamentary Committee. 10. What is a conflict of interest? Under the Integrity Act 2009, a conflict of interest involves a conflict or possible conflict between a person’s personal interests and that person’s official duties. Any conflict of interest must be resolved in favour of the public interest. More information is available from the Integrity Commissioner's website. 11. What if I believe I have a conflict of interest? If you identify that you have a conflict of interest or the potential for a conflict of interest, you must disclose the circumstances to the departmental Minister and/or Parliamentary Committee to whom your declaration was given. You must not take action in the matter unless authorised by the Minister or the parliamentary committee. 12. What if I change jobs? You must submit a Declaration of Interests to the relevant authorities as above if you are: newly appointed, within one month of taking up duty; appointed to another role in the Queensland public sector, by either submitting a “No Variation” form or a “Variation of Interests” form, within one month of taking up duty in the new role. 13. What about my privacy? Declarations of Interests are maintained in the strictest confidence. Completed Declarations are required to be filed in a secure location to ensure confidentiality and they become part of your personal record at the end of your public sector employment. Unless required by law, Declarations of Interests are available only to you, the relevant Minister and/or Parliamentary Committee and the Integrity Commissioner. -3- 14. What about Right to Information and Information Privacy legislations? Declarations of Interests may be subject to applications for access under the Right to Information Act 2009 and/or the Information Privacy Act 2009. Each application for access would be considered on a case by case basis before a decision is made on whether it is in the public interest to release the document. In the event of receipt of an application for access to a Declaration of Interests, the agency is required to consult with you about your views in relation to the application prior to any decision being made to release the document. More details about the impact of this legislation are provided in the Information Sheet, Access to Declaration of Interests. 15. Where do I go for further clarification? Under the Integrity Act 2009, a chief executive of, or a senior officer equivalent employed in, a government entity may, by written request ask for the Integrity Commissioner’s advice on an ethics or integrity issue. More information is available from the Integrity Commissioner's website You may also seek independent legal advice. -4-